WEBSITE TERMS OF USE

Introduction : 

This website (“our website”) is owned and operated by Fusang Capital Management Ltd, a company limited by shares incorporated under the Labuan Companies Act 1990.  Each reference in these terms of use to “our website” includes all materials that we make available to you on our website.
 

By using our website, you agree to comply with these terms of use.  Please check this page each time you use our website, as we may update these terms from time to time.
 

If you carry out any transaction through our website, that transaction may be subject to additional terms and conditions which you will be asked to read and accept at the relevant time.  To the extent of any inconsistency with these terms, the terms of the transaction apply to that transaction and any matters connected with it.
 


Your Obligations :

You must comply with any instructions we give you about how to use our website and must not do anything that interferes with or adversely affects the normal operation of the website (including the ability of other users to access or use the website).
 

You are responsible for ensuring the security of the systems and devices that you use to access our website, including through use of appropriate virus-checking and other security software.
 

 

Registration : 

You may need to register with us in order to access certain parts of our website.  Further details about registrations are available by contacting us at https://www.fusang.co/contact.  In this case, we may issue you with a user name and password, or other appropriate log-in details for your account.  You are responsible for keeping your log-in details confidential so that they cannot be used without your permission.  You will be responsible for any use of our website by anyone using your log-in details.
 

 

Additional Information : 

Upon request, you may need to provide us with information for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime. 
 

You may need to complete certain verification procedures before you are permitted to use our services through our website. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth and government identification documents.
 

By providing us with the information described above, you permit us to keep a record of the information and confirm that the information is accurate and authentic.

You authorise us to make the inquiries, whether directly or through third party applications, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonable deemed necessary based on the results of such inquiries.
 

Please also refer to the “privacy” section below.
 

 

Eligible Users : 

The following are conditions of access to our website, and each time you access our website you represent and warrant to us that:
 

  • if you are an individual, that you are 18 years of age or older, capable of forming a binding contract with us, and under no legal impediment or incapability;

  • if you are an authorised representative of a company, that you have authority from that company to access our website and form a binding agreement with us on behalf of that company;

  • you have not previously been suspended or removed from accessing our website;

  • you are not identified as a “Specially Designated National” by the US Office of Foreign Assets Control, or otherwise subject to any sanctions or restrictions which may affect our ability to provide you with our services;

  • you have the full power and authority to agree to these terms of use, and to enter into any transactions or use any service offered by the us through our website;

  • all information and documentation that you have provided to us for the purposes of engaging in digital asset trading is true, accurate and not incomplete or misleading and that if such information or documentation becomes untrue, inaccurate, incomplete or misleading for any, that you will update us as soon as you are aware that those details are no longer true, accurate, complete and not misleading, including the date upon which the factual correctness of the details changed;

  • you will only trade with legally obtained digital assets or fiat currencies that belong to you, and that you have full legal and beneficial title to any such assets at the time you transfer them to us; and

  • you are not located in, or a resident of, any Restricted Territory (as defined below), and have not used any technical means to misrepresent your geographical location to access our website.
     

Your access to our website may be restricted based on your jurisdiction or geographical location. You must not use our website if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction in which use of our website or any services on our website would be illegal or otherwise violate any applicable law (“Restricted Territory”).  We reserve the right to restrict access to any Restricted Territory, and may implement technical controls to prevent access to our website and services from any Restricted Territory.
 

Rights to suspend or terminate access : 
We may suspend, terminate or block your access to all or any part of our website at any time and without prior notice to you. In certain circumstances, we may not be in a position to provide information to you about the reasons for the suspension or termination of your access to our website. 

 

 

Intellectual Property :

All of the intellectual property rights in and to our website belong to us and our licensors.  We may update and change the materials available on our website, including by removing materials, at any time in our discretion without notice to you.
 

You may download or print sections of our website if needed for your own personal use, but otherwise you may not reproduce any part of our website without our express prior consent.  To the extent that our website contains functionality that allows you to access or download specific materials through our website, your use of that functionality and the downloaded materials may be subject to separate terms and conditions which you will be asked to read and accept at the relevant time.
 

 

Website Links :  

Our website may contain or link to information that has not been devised, verified or tested by us or any of our officers, employees or agents.  These are provided for your information only.  We do not take any responsibility for that information, nor endorse its accuracy or completeness. 
 

We do not guarantee that the information, or the provision of the hyperlinks to you, does not infringe third party rights.  If our website contains a link to an external website, we do not endorse, recommend, approve, guarantee or introduce any third parties or the services and/or products that those third parties may offer.    We accept no responsibility for them or any of the content available, or for any loss or damage that may arise from your use of them.
 

You may provide a link to the home page of our website at, on any website you operate, as long as you do not suggest any form of association, approval or endorsement on our part without our express prior permission and you promptly delete the link at our request.
 

Except as set out in this clause, you may not link to our website.
 


No Financial Services Activities or Advice :  

The information and any materials contained in this website should not be considered as an offer or solicitation to buy or sell financial instruments, provide financial advice, create a trading platform, facilitate or take deposits or provide any other financial services of any kind in any jurisdiction.
 

The information contained on this website is not intended to provide and should not be construed as advice of any kind.  You should obtain appropriate professional advice when necessary. It does not take into account your objectives, financial situation or needs.

Liability : 

While we will use reasonable care and skill in operating our website, we cannot promise that our website will always be available, meet your requirements or completely free of faults, errors or compromise from cybersecurity events.
 

To the maximum extent permitted by law, except as expressly set out in these terms of use, we exclude:

  • all conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to our website.  Nothing on our website should be relied upon as a promise or representation as to the future; and

  • any liability, whether in contract, tort (including negligence), or otherwise, for any indirect or consequential loss, damage or expense incurred by you or any other user in connection with our website.
     

Without prejudice to any other disclaimer, waiver, indemnity or exclusion of liability that you agree to in any agreement with us, you agree to:

  • indemnify, to the extent permitted by Hong Kong law, the Company and any affiliate against any action, claim, proceeding, loss, damage, expense or liability you have suffered or incurred directly or indirectly arising from your use of our website; and

  • release the Company and any affiliate against any action, claim, proceeding, loss, damage, expense or liability you have suffered or incurred directly or indirectly arising from your use of our website.
     

To the extent we are unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to the provision of goods or services through our website, we limit our liability for a breach to the re-supply of those goods or services, or payment for such re-supply.  This is without limitation to any other exclusions or restrictions of our or others’ liability in connection with our website.
 

Privacy :  

We will manage any personal information that we collect through our website in accordance with our Privacy Policy, which you can access here https://www.fusang.co/privacy-policy.
 

You represent and warrant that:

  • your disclosure of any personal data to us relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to too date and relevant when disclosed;

  • before providing such personal data to us, you have read and understood our Privacy Policy and, in case of personal data relating to an individual other than yourself, have (or will at the time of disclosure) provide a copy of that Privacy Policy (as amended from time to time, to that individual); and

  • if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read and provide a copy to any individual whose personal data you have provided to us.
     

In some circumstances, we may require additional information from you, and may require additional verification or screening to be conducted before you are able to access certain services on the website. You therefore authorise and give us consent to (either directly or through a third party with whom we have a confidentiality agreement):

  • screen and verify your information to prevent fraud and other suspicious transactions, including conducting screening against various sanctions and politically exposed persons lists, querying information contained in public sources and records, querying account information contained in any linked bank or other institutional accounts;

  • provide your personal data to any banks or other institutions that may require that data in order to facilitate any requested service on our website; and

  • take any action that we consider necessary as a result of such verification and screening, including further requests or inquiries to third parties, and you authorise and consent to us sharing any data held by us with those third parties, and authorise and consent to those third parties processing your personal data in order to respond to any such inquiry or request by us.
     

We may at any time process and transfer any and all of the personal data relating to you and/or personal data provided by you relating to an individual other than yourself to any of our affiliates and/or subsidiaries.

We will manage any personal data collected through the website in accordance with relevant laws and regulations.
 

 

Communications : 

Communications over the internet and through our website may be subject to interruption, transmission blackout, delayed transmission due to internet traffic, or incorrect data transmission due to the public nature of the internet. Please exercise caution, and confirm any relevant details / communications by other means if you have any doubt about the accuracy of this communication.
 

Any communications with us or our officers, representatives or agents may be recorded and retained, subject to applicable law, relevant policies and the terms of any applicable written agreement.
 

Compliance with Laws and Regulations : 
You are responsible for complying with all applicable laws and regulations relating to services you use through our website, including without limitation the reporting of any transactions, and the calculation and payment of all applicable taxes within any relevant jurisdiction. If you have any doubts about whether or which laws and regulations apply to you, you should seek independent legal, accounting and/or taxation advice.

 

 

Governing Law :  
These terms of use are governed by the laws in force in Hong Kong. 

 

 

Submission to Arbitration : 
Any dispute, controversy, difference or claim arising out of or relating to these terms of use, including the existence, validity, interpretation, performance, breach or termination, or any dispute regarding non-contractual obligations arising out of or relating to these terms, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.  The seat of arbitration will be Hong Kong.

 

 

Severability : 
If any of these terms are determined to be illegal, invalid or otherwise unenforceable, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it will be severed and deleted from these terms and the remaining terms will survive, remain in full force and continue to be binding and enforceable.

 

 

Language : 
In the case of a discrepancy between the English version and any other language version in respect of these terms of use or our website, the English version prevails.

 


Questions : 
Please contact us https://www.fusang.co/contact if you have any questions about our website.

 

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